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IBM M400 Projector User Manual

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Page 61

functionally
 
equivalent
 
to
 
the
 
item
 
replaced.
 
The
 
replacement
 
assumes
 
the
 
warranty
 
service
 
status
 
of
 
the
 
replaced
 
item.
 
Your
 
Additional
 
Responsibilities
 
Before
 
IBM
 
or
 
your
 
reseller
 
exchanges
 
a
 
Machine
 
or
 
part,
 
you
 
agree
 
to
 
remove
 
all
 
features,
 
parts,
 
options,
 
alterations,
 
and
 
attachments
 
not
 
under
 
warranty
 
service.
 
Yo u
 
also
 
agree
 
to:
 
1.
   
 
ensure
 
that
 
the
 
Machine
 
is
 
free
 
of
 
any
 
legal...

Page 62

This
 
limit
 
also
 
applies
 
to
 
IBM’s
 
suppliers
 
and
 
your
 
reseller.
 
It
 
is
 
the
 
maximum
 
for
 
which
 
IBM,
 
its
 
suppliers,
 
and
 
your
 
reseller
 
are
 
collectively
 
responsible.
 
UNDER
 
NO
 
CIRCUMSTANCES
 
IS
 
IBM,
 
ITS
 
SUPPLIERS
 
OR
 
RESELLERS
 
LIABLE
 
FOR
 
ANY
 
OF
 
THE
 
FOLLOWING
 
EVEN
 
IF
 
INFORMED
 
OF
 
THEIR
 
POSSIBILITY:
 
1)
 
THIRD
 
PA RT Y
 
CLAIMS
 
AGAINST
 
YOU
 
FOR
 
DAMAGES
 
(OTHER
 
THAN
 
THOSE
 
UNDER
 
THE
 
FIRST
 
ITEM
 
LISTED...

Page 63

In
 
accordance
 
with
 
Article
 
1328
 
of
 
the
 
Peruvian
 
Civil
 
Code
 
the
 
limitations
 
and
 
exclusions
 
specified
 
in
 
this
 
section
 
will
 
not
 
apply
 
to
 
damages
 
caused
 
by
 
IBM’s
 
willful
 
misconduct
 
(″dolo″)
 
or
 
gross
 
negligence
 
(″culpa
 
inexcusable″).
 
NORTH
 
AMERICA
 
How
 
to
 
Obtain
 
Warranty
 
Service:
 
The
 
following
 
is
 
added
 
to
 
this
 
Section:
 
To
 
obtain
 
warranty
 
service
 
from
 
IBM
 
in
 
Canada
 
or
 
the
 
United
 
States,
 
call...

Page 64

Arbitration:
 
The
 
following
 
is
 
added
 
under
 
this
 
heading:
 
Disputes
 
arising
 
out
 
of
 
or
 
in
 
connection
 
with
 
this
 
Statement
 
of
 
Limited
 
Warranty
 
shall
 
be
 
finally
 
settled
 
by
 
arbitration
 
which
 
shall
 
be
 
held
 
in
 
Singapore
 
in
 
accordance
 
with
 
the
 
Arbitration
 
Rules
 
of
 
Singapore
 
International
 
Arbitration
 
Center
 
(″SIAC
 
Rules″)
 
then
 
in
 
effect.
 
The
 
arbitration
 
award
 
shall
 
be
 
final
 
and
 
binding
 
for
 
the...

Page 65

If
 
one
 
of
 
the
 
parties
 
refuses
 
or
 
otherwise
 
fails
 
to
 
appoint
 
an
 
arbitrator
 
within
 
30
 
days
 
of
 
the
 
date
 
the
 
other
 
party
 
appoints
 
its,
 
the
 
first
 
appointed
 
arbitrator
 
shall
 
be
 
the
 
sole
 
arbitrator,
 
provided
 
that
 
the
 
arbitrator
 
was
 
validly
 
and
 
properly
 
appointed.
 
All
 
proceedings
 
shall
 
be
 
conducted,
 
including
 
all
 
documents
 
presented
 
in
 
such
 
proceedings,
 
in
 
the
 
English
 
language.
 
The
 
English...

Page 66

arbitration
 
award
 
shall
 
be
 
final
 
and
 
binding
 
for
 
the
 
parties
 
without
 
appeal
 
and
 
shall
 
be
 
in
 
writing
 
and
 
set
 
forth
 
the
 
findings
 
of
 
fact
 
and
 
the
 
conclusions
 
of
 
law.
 
The
 
number
 
of
 
arbitrators
 
shall
 
be
 
three,
 
with
 
each
 
side
 
to
 
the
 
dispute
 
being
 
entitled
 
to
 
appoint
 
one
 
arbitrator.
 
The
 
two
 
arbitrators
 
appointed
 
by
 
the
 
parties
 
shall
 
appoint
 
a
 
third
 
arbitrator
 
who
 
shall
 
act
 
as
 
chairman...

Page 67

Add
 
the
 
following
 
paragraph
 
in
 
Western
 
Europe
 
(Austria,
 
Belgium,
 
Cyprus,
 
Denmark,
 
Finland,
 
France,
 
Germany,
 
Greece,
 
Iceland,
 
Ireland,
 
Italy,
 
Liechtenstein,
 
Luxembourg,
 
Monaco,
 
Netherlands,
 
Norway,
 
Portugal,
 
Spain,
 
San
 
Marino,
 
Sweden,
 
Switzerland,
 
United
 
Kingdom,
 
Vatican
 
State):
 
The
 
warranty
 
for
 
Machines
 
acquired
 
in
 
Western
 
Europe
 
shall
 
be
 
valid
 
and
 
applicable
 
in
 
all
 
Western
 
Europe
 
countries
 
provided...

Page 68

nullity
 
of
 
the
 
execution
 
of
 
this
 
Statement
 
of
 
Limited
 
Warranty
 
shall
 
be
 
settled
 
by
 
Arbitration
 
Court
 
of
 
Moscow;
 
6)
 
in
 
South
 
Africa,
 
Namibia,
 
Lesotho
 
and
 
Swaziland,
 
both
 
of
 
us
 
agree
 
to
 
submit
 
all
 
disputes
 
relating
 
to
 
this
 
Statement
 
of
 
Limited
 
Warranty
 
to
 
the
 
jurisdiction
 
of
 
the
 
High
 
Court
 
in
 
Johannesburg;
 
7)
 
in
 
Turkey
 
all
 
disputes
 
arising
 
out
 
of
 
or
 
in
 
connection
 
with
 
this...

Page 69

Spango
 
Valley
 
Greenock
 
Scotland
 
PA
 
16
 
OAH
 
AUSTRIA,
 
DENMARK,
 
FINLAND,
 
GREECE,
 
ITALY,
 
NETHERLANDS,
 
PORTUGAL,
 
SPAIN,
 
SWEDEN
 
AND
 
SWITZERLAND
 
Limitation
 
of
 
Liability:
 
The
 
following
 
replaces
 
the
 
terms
 
of
 
this
 
section
 
in
 
its
 
entirety:
 
Except
 
as
 
otherwise
 
provided
 
by
 
mandatory
 
law:
 
1.
   
 
IBM’s
 
liability
 
for
 
any
 
damages
 
and
 
losses
 
that
 
may
 
arise
 
as
 
a
 
consequence
 
of
 
the
 
fulfillment
 
of
 
its...

Page 70

CONSEQUENCE
 
OF
 
THE
 
EVENT
 
THAT
 
GENERATED
 
THE
 
DAMAGES;
 
OR
 
4)
 
LOSS
 
OF
 
BUSINESS,
 
REVENUE,
 
GOODWILL,
 
OR
 
ANTICIPATED
 
SAVINGS.
 
THE
 
FOLLOWING
 
TERMS
 
APPLY
 
TO
 
THE
 
COUNTRY
 
SPECIFIED:
 
AUSTRIA
 
What
 
this
 
Warranty
 
Covers:
 
The
 
following
 
replaces
 
the
 
first
 
sentence
 
of
 
the
 
first
 
paragraph
 
of
 
this
 
section:
 
The
 
warranty
 
for
 
an
 
IBM
 
Machine
 
covers
 
the
 
functionality
 
of
 
the
 
Machine
 
for
 
its
 
normal
 
use
 
and...
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